Judge sets high bar for former Trump adviser Flynn to withdraw guilty plea.
In a brief order Friday, Judge Sullivan said Flynn's lawyers should file legal briefs addressing whether the court should hold a hearing"where the parties would present all testimony and evidence concerning the issue of whether Mr. Flynn can show that there is good cause to set aside his guilty pleas."
Such a hearing, the judge said, might include"testimony from Mr. Flynn and other witnesses under oath, subject to cross-examination, to show any 'fair and just reason' for this court to grant his motion to withdraw." The judge's order cited a 1995 ruling by the D.C. Court of Appeals that set a very high bar for withdrawing a plea. In that case, the appeals court said a defendant"must show either an error in the taking of his plea or some 'more substantial' reason he failed to press his case rather than plead guilty."
If a judge refuses to allow a defendant to withdraw a guilty plea, the appeals court said it would be"extremely reluctant" to overrule such a ruling unless a defendant can show that the judge clearly made a mistake. A defendant"has to shoulder an extremely heavy burden if he is ultimately to prevail."
Flynn's sentencing is now set for Feb. 27. Under federal guidelines, he could face zero to six months in jail, and federal prosecutors have said his sentence should be in that range. Flynn’s lawyers have urged the judge to sentence him to probation with no jail time.Pete Williams is an NBC News correspondent who covers the Justice Department and the Supreme Court, based in Washington.
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